Binet C.S vs State
2022 Latest Caselaw 5883 Ker

Crl.M.C.No.6014/2016                1




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                       CRL.MC NO. 6014 OF 2016
    CRIME NO.170/2009 OF Kudiyanmala Police Station, Kannur
    AGAINST THE ORDER/JUDGMENT IN CC 1031/2015 OF JUDICIAL
               MAGISTRATE OF FIRST CLASS ,TALIPARAMBA
PETITIONER/ACCUSED NO.2:

             BINET C.S.,
             AGED 37 YEARS,
             D/O.SEBASTIAN, AGED 37 YEARS, CHOLAMKARIYIL HOUSE,
             ERUVESSI AMSOM, CHERIYA AREEKKAMALA,
             TALIPARAMBA TALUK, KANNUR DISTRICT.

             BY ADV SRI.V.T.MADHAVANUNNI



RESPONDENT/STATE:

             STATE,
             REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA
             AT ERNAKULAM THROUGH S.H.O. KUDIYANMALA
             POLICESTATION, KANNUR DISTRICT.


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.6014/2016                         2




                                    ORDER

This Crl.M.C. is filed by the 2 nd accused in C.C.No.1031 of

2015 pending before the Judicial First Class Magistrate Court,

Thalipparamba, which arises from Crime No.170 of 2009 of

Kudiyanmala Police Station. The offences alleged against the

petitioner are under Sections 463, 464, 465, 466, 468, 471, 193,

120B read with Section 34 IPC.

2. The prosecution case is that, the 1 st accused who was

the Secretary of the Eruvessi Grama Panchayath by

misappropriating his official position corrected the birth

particulars of the petitioner in the birth register and issued a false

birth certificate to the petitioner herein. Later, the petitioner

used the aforesaid false birth certificate as genuine. Annexure-A1

is the FIR and Annexure-A2 is the final report submitted by the

police.

3. Heard Sri.V.T.Madhavanunni, learned counsel for the

petitioner and Sri.Vipin Narayan, learned Public Prosecutor for

the State.

4. The learned counsel for the petitioner contends that,

the materials available on record do not make out the offences

alleged against the petitioner. It is pointed out that, the aforesaid

correction has been carried out on the basis of judgments

rendered by this Court in Annexure-A3 and Annexure-A4.

5. However, considering the nature of contentions that

have been raised, I am of the opinion that this is not a fit case in

which powers of this Court under Section 482 Cr.P.C. can be

invoked. It is particularly because, the petitioner can approach

the learned Magistrate by taking all the above contentions and

seek for discharge.

In such circumstances, without prejudice to the rights of the

petitioner to do so, this Crl.M.C is closed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/31.5.22

APPENDIX OF CRL.MC 6014/2016

PETITIONER ANNEXURES

ANNEXURE A1: TRUE COPY OF THE FIR IN CRIME NO.170/2009 OF KUDIYANMALA POLICE STATION

ANNEXURE A2: TRUE COPY OF THE CHARGE SHEET IN C.C.NO.

1031/2015 OF J.F.C.M. CCOURT TALIPARAMBA

ANNEXURE A3: TRUE COPY OF THE ORDER IN W.P.(C) NO.33801.2006 OF THIS HON'BLE COURT DATED 19.12.2006

ANNEXURE A4: TRUE COPY OF THE ORDER IN WPC.

NO.4618/2007 OF THIS HON'BLE COURT DATED 25.6.2007.